Smith v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 GRANTING 21 Motion for leave to file a late motion for summary judgment. Plaintiff's 20 Motion for Summary Judgment is DEEMED TIMELY FILED. (Washington, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES D.A. SMITH, 12 13 14 15 No. 2:16-cv-1561-KJN Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, 16 Defendant. 17 18 On April 17, 2017, the court granted plaintiff an extension until May 17, 2017, to file a 19 motion for summary judgment. (ECF No. 18.) However, that deadline passed without the filing 20 of a motion for summary judgment. 21 On July 12, 2017, plaintiff filed a motion for summary judgment (ECF No. 20), along 22 with a motion for leave to file a late motion for summary judgment (ECF No. 21). According to 23 plaintiff’s counsel, he inadvertently failed to properly calendar the due date for the motion, and 24 apologizes for his error. The Commissioner does not oppose plaintiff’s motion for leave to file a 25 late brief. 26 In light of plaintiff’s counsel’s candor and apology, the Commissioner’s non-opposition, 27 and the court’s desire to resolve the action on the merits, the court finds it appropriate to grant the 28 motion. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for leave to file a late motion for summary judgment (ECF No. 21) 3 4 5 6 7 is GRANTED. 2. Plaintiff’s motion for summary judgment (ECF No. 20) is DEEMED TIMELY FILED. 3. All other case deadlines are adjusted accordingly. Dated: July 13, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?